Speech in the Senate, on the Bill to enforce the Provisions of the Fourteenth Amendment to the Constitution, April 13, 1871.
MR. PRESIDENT,—The questions presented in this debate have been of fact and of Constitutional Law. It is insisted on one side that a condition of things exists in certain States affecting life, liberty, property, and the enjoyment of Equal Rights, which can be corrected only by the national arm. On the other side this statement is controverted, and it is argued also that such intervention is inconsistent with the Constitution of the United States. On both questions, whether of fact or law, I cannot hesitate. To my mind, outrages are proved, fearful in character; nor can I doubt the power under the Constitution to apply the remedy.
The evidence is cumulative. Ruffians in paint and in disguise seize the innocent, insult them, rob them, murder them. Communities are kept under this terrible shadow. And this terror falls especially upon those who have stood by the Union in its bloody trial, and those others of different color who have just been admitted to the blessings of Freedom. To both of these classes is our nation bound by every obligation of public faith. We cannot see them sacrificed without apostasy. If the power to protect them fails, then is the National Constitution a failure.
I do not set forth the evidence, for this has been amply done by others, and to repeat it would be only to occupy time and to darken the hour. The Report of the Committee, at least as regards one State,[104] the testimony of the public press, the stories of violence with which the air is laden, and private letters with their painful narrations,—all these unite, leaving no doubt as to the harrowing condition of things in certain States lately in rebellion,—not the same in all these States or in all parts of a State, but such as to show in many States the social fabric menaced, disturbed, imperilled in its very foundations, while life, liberty, property, and the enjoyment of Equal Rights are without that security which is the first condition of civilization. This is the case simply stated. If such things can be without a remedy, applied, if need be, by the national arm, then are we little more than a bundle of sticks, but not a nation. Believing that we are a nation, I cannot doubt the power and the duty of the National Government. Thus on general grounds do I approach the true conclusion.
So long as Slavery endured a State was allowed to play the turtle, and, sheltered within its shell, to escape the application of those master principles which are truly national. The Declaration of Independence with its immortal truths was in abeyance; the Constitution itself was interpreted always in support of Slavery. I never doubted that this interpretation was wrong,—not even in the days of Slavery; but it is doubly, triply wrong now that the Declaration of Independence is at last regarded, and that the Constitution not only makes Slavery impossible, but assures the citizen in the enjoyment of Equal Rights. I do not quote these texts, whether of the Declaration or the Constitution. You know them by heart. But they are not vain words. Vital in themselves, they are armed with all needful powers to carry them into execution. As in other days Slavery gave its character to the Constitution, filling it with its own denial of Equal Rights, and compelling the National Government to be its instrument, so now do I insist that Liberty must give its character to the Constitution, filling it with life-giving presence, and compelling the National Government to be its instrument. Once the Nation served Slavery, and in this service ministered to State Rights; now it must serve Liberty with kindred devotion, even to the denial of State Rights. All this I insist is plain, according to rules of interpretation simple and commanding.
In other days, while the sinister influence prevailed, the States were surrounded by a Chinese wall so broad that horsemen and chariots could travel upon it abreast; but that wall has now been beaten down, and the citizen everywhere is under the protection of the same Equal Laws, not only without distinction of color, but also without distinction of State.
What makes us a Nation? Not armies, not fleets, not fortifications, not commerce reaching every shore abroad, not industry filling every vein at home, not population thronging the highways; none of these make our Nation. The national life of this Republic is found in the principle of Unity, and in the Equal Rights of all our people,—all of which, being national in character, are necessarily placed under the great safeguard of the Nation. Let the National Unity be assailed, and the Nation will spring to its defence. Let the humblest citizen in the remotest village be assailed in the enjoyment of Equal Rights, and the Nation must do for that humblest citizen what it would do for itself. And this is only according to the original promises of the Declaration of Independence, and the more recent promises of the Constitutional Amendments, the two concurring in the same national principles.
Do you question the binding character of the Great Declaration? Then do I invoke the Constitutional Amendments. But you cannot turn from either; and each establishes beyond question the boundaries of national power, making it coextensive with the National Unity and the Equal Rights of All, originally declared and subsequently assured. Whatever is announced in the Declaration is essentially National, and so also is all that is assured. The principles of the Declaration, reinforced by the Constitutional Amendments, cannot be allowed to suffer. Being common to all, they must be under the safeguard of all. Nor can any State set up its local system against the universal law. Equality implies universality; and what is universal must be national. If each State is left to determine the protection of Equal Rights, then will protection vary according to the State, and Equal Rights will prevail only according to the accident of local law. There will be as many equalities as States. Therefore, in obedience to reason, as well as solemn mandate, is this power in the Nation.
Nor am I deterred from this conclusion by any cry of Centralism, or it may be of Imperialism. These are terms borrowed from France, where this abuse has become a tyranny, subjecting the most distant communities, even in the details of administration, to central control. Mark, if you please, the distinction. But no such tyranny is proposed among us,—nor any interference of any kind with matters local in character. The Nation will not enter the State, except for the safeguard of rights national in character, and then only as the sunshine, with beneficent power, and, like the sunshine, for the equal good of all. As well assail the sun because it is central, because it is imperial. Here is a just centralism; here is a generous imperialism. Shunning with patriotic care that injurious centralism and that fatal imperialism which have been the Nemesis of France, I hail that other centralism which supplies an equal protection to every citizen, and that other imperialism which makes Equal Rights the supreme law, to be maintained by the national arm in all parts of the land. Centralism! Imperialism! Give me the centralism of Liberty! Give me the imperialism of Equal Rights! And may this National Capitol, where we are now assembled, be the emblem of our Nation! Planted on a hill-top, with portals opening North and South, East and West, with spacious chambers, and with arching dome crowned by the image of Liberty,—such is our imperial Republic; but in nothing is it so truly imperial as in that beneficent Sovereignty which rises like a dome crowned by the image of Liberty.
Nor am I deterred by any party cry. The Republican party must do its work, which is nothing less than the regeneration of the Nation according to the promises of the Declaration of Independence. To maintain the Republic in its unity, and the people in their rights,—such is this transcendent duty. Nor do I fear any political party which assails these sacred promises, even if it falsely assume the name of Democrat. How powerless their efforts against these immortal principles! For myself, I know no better service than that which I now announce. Here have I labored steadfastly from early life, bearing obloquy and enmity; and here again I pledge the energies which remain to me, even if obloquy and enmity survive.